Law: Police Order (22 of 2002)

Section: 1(3),156

Law: Pakistan Penal Code, 1860

Section: 328A,344,506

Law: Constitution of Pakistan, 1973

Section: 199

Police Order (22 of 2002)--- ----Art. 156---Constitution of Pakistan, Art.199---Constitutional petition---Violation of law---Illegal exercise of power---Two minor nephews of petitioner were illegally taken into custody by police officials---Petitioner had sought invocation of Constitutional jurisdiction of High Court for actions against delinquent police officials---Validity---Inspector-Geneal of Police had taken appropriate action against officials who had allegedly abducted two children and had kept them in illegal confinement for a considerable time---High Court declined to make any further observation lest it might prejudice right of fair trial of accused before competent court---High Court directed police authorities to consider taking action under Art.156 of Police Order, 2002 against the accused officials---Federal Government and Chief Commissioner Islamabad Capital Territory were also directed to fulfil their respective obligations under Police Order, 2002 for ensuring effective performance and accountability of police force of Islamabad Capital Territory---Constitutional petition was disposed of accordingly. THIS JUDGMENT DELIVERED BY: ATHAR MINALLAH, C J.- The petitioner has invoked the jurisdiction of this Court under Article 199 of the Constitution of the Islamic Republic of Pakistan 1973, alleging that respondents Nos.4 and 5 were kept in illegal confinement by respondent No.3. 2. The facts, in brief, are that respondents Nos.4 and 5 namely, Ali Sher and Hamza, who are nephews of the petitioner and stated to be 12 and 14 years old respectively, were alleged to have been abducted by Saqib Mahmood, Assistant Sub-Inspector on 13.05.2019 and kept in illegal confinement. The petitioner had also alleged that when she approached respondent No.2 i.e. the Incharge of Police Station, Golra, Islamabad namely, Muhammad Arshad, Inspector, the latter threatened that other family members would also be arrested unless the elder brother of the two children surrenders himself before the Investigating Officer. The petitioner had filed a petition under section 491 of the Code of Criminal Procedure, 1898 (hereinafter referred to as the "Cr.P.C") and pursuant thereto…

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